(영문) 서울동부지방법원 2016.08.19 2016고단1068

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(영문) 서울동부지방법원 2016.08.19 2016고단1068

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 20:40 on November 17, 2015, the Defendant jointly with C, and at a G restaurant operated by the victim E (51 years of age) and the victim F (47 years of age) in Gwangjin-gu Seoul Special Metropolitan City, there was a dispute between the victims and the food order. The Defendant: (a) faced with the victim E (51 years of age) who was on the floor of the victim’s disease in the area; (b) sealed the victim E with his hand and body; (c) sealed the victim E who was on the floor of the victim’s disease; and (d) pushed the victim E with the victim’s head; (b) plicked the victim’s head; and (c) took the victim’s head at one time; (c) the Defendant’s head at one time; (d) the victim’s face at one time; and (e) the victim’s face at one time; and (e) the victim’s 35 days of the injury between the victim and the victim’s body; and (e) the victim’s 35 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against C, F, or E;

1. Ethic Ethic photo of the victim;

1. Application of Acts and subordinate statutes to investigation reports (in cases of attaching a written diagnosis of injury and changing the name of the crime, attaching a written statement, and CCTV verification);

1. Relevant legal provisions for criminal facts, Article 2 subparag. 2 subparag. 3 of the Punishment of Violences, etc. Act, Article 257 subparag. 1 of the Criminal Act, each of the choice of punishment [The degree of injury is not provided, but the defendant is led to contingent crimes in a case where the defendant is led to confession and reflect, the defendant is committed at the end of the victim's and his/her husband's end, the degree of violence is not excessive compared to the degree of injury, the victim's E does not want the punishment of the defendant, and the above victim does not want the punishment of the defendant by mutual agreement with the victim E (which seems to have been agreed with both the victim's husband and wife), etc.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

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